Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

A: Assuming your LPR status is considered abandoned you may now apply for LPR status as a winner of the lottery. To be granted LPR status you must meet all requirements for LPR Status.

A: I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1. Abandonment of LPR status: If you have been outside the U.S. for more than one year without obtaining a reentry permit or returning resident visa, you may be considered to have abandoned your LPR status. Voluntarily abandoning your current LPR status does not change this fact or erase the time you spent outside the country.

2. DV lottery requirements: To be eligible for a Diversity Visa, you must meet specific requirements, such as having a valid passport, meeting education/work experience criteria, and being admissible to the United States. However, winning the DV lottery does not automatically override any prior immigration violations or issues related to your previous LPR status.

3. Consular processing: If you pursue your DV lottery win, you will need to go through consular processing, which involves submitting various documents and attending an interview at a U.S. embassy or consulate. During this process, your immigration history will be reviewed, and any previous violations, such as abandoning your LPR status, may be grounds for denial of your new visa application.

Given these circumstances, it is highly advisable to consult with an experienced immigration attorney who can assess your specific case and provide guidance on the best course of action. They can help you understand the potential risks and consequences of pursuing your DV lottery win and advise you on any alternative options that may be available to you.